USPTO Patents Application 09897986

CONTINI

et al. S.N. 09/897,986

Claims 1-2 were rejected as anticipated by DEAN
5,885,644, claim 1 was rejected as anticipated by ALESSI
5,565,233, claim 1 was rejected as anticipated by MONARI
FEDERZONI and claim 1 was also rejected as anticipated by the
Balsamic Soy Sauce nad Balsamic Glazing Sauce produced by
American Culinary Gardens as described on the America Culinary
Gardens web site copyright 1998-2001. Claims 3-9 were rejected
as unpatentable over DEAN in view of FREEMAN 5,221,550. The new
claims are believed to avoid these rejections and reconsideration
and withdrawal of the rejections are respectfully requested.

The new claims are directed to an embodiment of the
sauce that includes at least 40% balsamic vrnegar of Modena, a
thickening agent and a sugar.

Balsamic vinegar, in particular balsamrc vinegar from
Modena, is different from normal wine vinegars obtained from
fermentation of wme. Modena balsamic vinegar is produced by a
different process, is matured differently, and uses different
ingredients. Veiy briefly, balsamic vinegar is made only from
must (never from wdne) which is boiled and maturea using age-old
techniques, without addition of different substances. This
causes the sugar fermentation which leads to vinegar. Further,
although commonly called a vinegar, balsamic vinegar is m fact
more properly termed a condiment.

Balsamic vinegar from Modena has a very intense taste
and IS used m tne preparation of various sauces, such as those

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et al. S.N. 09/897, 986

described in the prior art cited in the Official Act.on. It is
3l^^^3xs_used in relatively sparing quantities because of its very

intense taste.

The above-cited documents include only very small

quantities of balsamic vinegar, and are typically used as a
flavoring. Furthermore, the American Culinary Gardens provides a
sweetened and flavored vinegar which rs very different to the
balsamic sauce claimed herern. ALESSI teaches using a white
vinegar, while Modena balsamic vinegar is always very dark brown
with a balsamic flavor. The only reference to Modena is that the
whrte wine vrnegar (not balsamic vinegar) and the must used come
from Modena. This xs not the same as Modena balsamic vinegar.

indeed, none of the references use Modena balsamic
vinegar to any great percentage and specrf.cally not anywhere
near the 40% claxmed rn claim 1. The inventors have found that
by addxng the thickenxng agents and sugar, they are able to
soften the very xntense taste of the balsamxc vinegar of Modena.

in vxew of thxs, recons xderat ion and withdrawal of the
rejections are respectfully requested.

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CONTIN

I et al. S.N. 09/897,986

in view of the present amendment and the foregoing
remarks, it is believed that the present applxcation has been
placed rn condition for allowance. Reconsideration and allowance

are respectfully requested.

^spectf ull

Emitted,
[OMPSON

"/homas W. Perkins ^
/ Attorney for 7Vf)plicants
Registration No. 33,027
745 South 23rd Street
Arlington, VA 22202
Telephone : 521-2297

December 9, 2 0 02

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CONTINI et al. S.N. 09/897,986

ABSTRACT OF THE DISCLOSURE

;=,limentary use containing, as main
A sauce for aiimentaj-y

,„,.edle„t, balsa„.= v.„e,a. of Modena, co^ined wit. tMc.enin,
.,e„ts and sugars. The .alsa»ic saoce o«e.s ..e advantage of
i.pa.Un. the taste ot .ine,a. di.ectly to those toods. on which

,e,uia. .aisa„io ,ine,at of Modena is not suita.ie fot its hi^h

level of acidity and its high fluidity.

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M.,,TK^S TO SHOW CHAHGES «M>E

ABSTRACT OF THE DISCLOSDRE

Tne Abstract of the Disclosure has been amended as

follows:

n • ^r,-hArv use containing, as mam
A sauce for alimentary use

,„,.ea.en., .alsa^.c ,.he,a. o. »odena, =o„h.„ed .h.c.eh.n,
3„d s„,a.s. The balsa„.c sahoe Uccordin, to hhe
.„.e„..oh, o..e.3 .he ad,a„.a,e o. i.pa«in, the «s.e o. ..he,a.
d..ectlv .c. .hose foods, o„ which .e,.ia. haisa..c „ne,a. o

fluidity.

Itl THE SPECIFICATI'3N:

, . 9 and 10 have been amended as

Page 4, Examples 8, 9 ana x

follows :
--E2iarti2le__8

Ealsamic vinegar of Modena
1 waited base

.„„e,3. Of Hodeca, su,a., dehvd.a.ed .iccose sv.up, de.»ose,

, c:^orr-h xanthan gum as
lactose, maltodextrin, modxfxed starch.

Stabilizer.

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Ej<ample__9
[Sweet base]

Balsamic vinegar of Modena
[Water

• . 1 with a sweetbase_includesi balsamic

List of ingredients:] wxth_a_swe

dextrose, lactose, dehydrated glucose
vinegar of Modena, sugar, dextrose,

^■■p^oH =;tarch[, xanthan gum as
syrup, maltodextrin, water, modified starchl.

Stabilizer] .

Exartvple_^
[Flavouring base]
Balsamic vinegar of Modena

[Water

flavouring preparation, taste of fish

■ -^h a fish flavoring^ncludes^ balsamic
T^st of ingredients: J with_A^isrL^i

r,.r lactos.^, water, salt, yeast extract m
vinegar of Modena, sugar, lact-s,,

. -^^r^ ^ stabilizer,
crustaceans (crayfish, crabs), xanth.n

page 5, Examples U, 12 and 13 have been amended as

to 1 lO'V/s :

- - E^^-ar^ipl^^Li

[Flavouring base]

■ .Tir^ori;^r of Modena
Balsamic vmegai

[Water

Fia^^ouring preparati

,n, taste of meat

CONTINI et al. S.N. 09/897,986

,.„.,a. c. Moaena, 3u,a.. la..o3e, wa.e., sa.t, veas. e.t.ac. in
,„„,e.. ae„a«.ea glucose ....P. »aXtoae«.in, ~..c
,,„.a„a.e a= «a.e enhance., -ai.iea =.a.c., a.o„a3, .ant.an

as stabilizer.

ExarnpLe_J^
[Flavouring base

^ the flavored balsamic vinegar of
Balsamic] Another^rub^

Modena
[Water

^o-i includes : balsamic
c:o list of ingredients:] inciuoe^
Flavouring base, Hsr ol y

.T=.-hor salt, yeast extract m
vinegar of Modena, sugar, lactose, water,

„„„.er, .e.yarate. gi.cce s.r„p, .aito.e.trin, n.o„oso.r =
g;„ta.ate a. taste en.ancer, areas, .o.iUe. starcn, »a„tnan

as stabilizer.

E>^ampl^_l^
[Flavouring base

^ r.f the flavored balsamic vinegar
Balsamic] Y_e_t_anoth^

of Modena
: Water

1 inr-l udps • balsamic
y.^^<. list of inqredients: ] _inciua^.-
•'■lavourmg base, iit=L

..nar lactose, water, salt, yeast extract m
-rinegar of Modena, sagar, iacrcb

c,vruD maltodextrin, monosodic
..„,..^e- dehydrated glucose syrap,

,,„,.„ate as tast, en.an.er, .od.f.ea stare., .iavo„rs, .antnan

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CONTINI et al. S.N. 09/897,986

gum

as stabilizer.

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